Are you experienced? The copyright implications of Web site modification technology

Recently, several new Internet technologies that modify! or allow users to modify: the way Web sites are experienced have emerged. In many cases, these technologies give end users or third parties a greater degree of control over Web sites than the owners of the sites intended. Web site owners often object to the use of experience-modifying technologies, and have advanced a number of legal theories to support their claims. Among these theories is the contention that employing technologies to modify how a user experiences a Web site constitutes copyright infringement. This Comment examines five types of Web site modification technology-linking and framing, comparison shopping applications, commentary Web sites and software, Web site customization tools, and ad stripping software-and argues that their use does not infringe Web site owners' exclusive rights under existing copyright law. This Comment also considers whether employing experience-modifying technologies is a fair use, and discusses contributory and vicarious infringement. Finally, this Comment argues that imposing liability for the use of Web site modification technologies is inconsistent with the underlying goal of copyright law: to promote learning and knowledge.